Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1887-04-22
LETTER FROM CHAIRMANC CARLTON
The Utah Commission Will Adhere
TO the Form of Oath Published
i'm This Circular.


which was furnished by Mr.. Dooly Is
given below (the other has been mislald).
"That will support the Constitution OF the
United States and will faithfully OBEY tne laws
thereof; that will obey the acts OF congress
prohibiting polygamy, bigamy, unlaW1ui co
habitation, incest, adultery and fornlcatlonI
that will not hereafter, an any Territory o. uNe
United States at any time, an OBEDIENCE TO any
dIIeqed revelation. or to any counsel, ddUlce, or
Command from ann source aUhGteUer, or under
ana circumstances enter into plural or poty9-
Gmous marriage, or mare c OF ttN' With With
more than one woman; that l VIII not
at anu time hereafter, directly or indirectly,
aid or abet. counsel or advise, any person 70
have or take more wives than one, or 10 co.
habit with more than one woman, or to commit
incest adultery or fornication; that am not
a bigamist or polygamist; that do not cohaplt
and That have not been convicted of any of
the offenses above mentioned"
understand that the purpose for which
these forms have been furnished, is to sug-
pest to the Utah Commission the proprlety
of our changing the form of the registration
oath-heretofore prepared by the Com
mission, by interpolating the words which
have put in Italics. Besides other charges
have been. In regard to this proposition l
desire to say, in the most respectful manner
that cannot see the necessity or proprlety
of making such change.
About a month ago, the form OF the oath
was promulgated by the Commission in
Circular for the Information of registration
officers These have long ago been trans
United to all the deputy registrars of the
Territory, and, later, printed oaths to the
number Of 35 900 have been distributed all
over the Territory; still, this would not be
an insuperable obstacle to change of the
form, if we should be satisfied that by mis-
al arfo hnd
lated the law. After careful considera
ton, we are thoroughly satisfied that
in suggesting this form of oath
we have made no mistake-in other words,
that the oath which we have formulated is
IN accordance lUith the IGW. believe that
this is conceded on all hands; but the con-
tention is that we might go further and keep
within the law-that there might be inter
iected into the oath certain explosives, ad-
jectives, circumlocutions and amplifcations
within the limits of the law, which might
have the effect of preventing certain classes
of persons from registering and voting.
The answer to this is that if we follow the
form and pursue the language of the LGtO,
we knelU we are right, if we depart from
this rule, we are then in labyrinth of con-
ficting opinions. For, if the registrars are
to depart from the language of the law, and
each man of the 270 deputies may prepare
an oath to suit himself, the result will be
that every mans right to vote "a right
hitherto held sacred in all American COM
munities) will depend on the arbitrary will,
caprice, or prejudice of the registration
officers, who in this as we'll as other commu-
mites, are mostly men of little or no learn
ing in the law. 1 believe that to allow this
would be contrary to law, and a bad prece-
dent that would meet with the condemna-
ton of the Executive Government and of all
enlightened jurists who took part in the
passage of this law.
Similar suggestions have frequently been
made to our Commission, both orally and
in writing. by registrars and election judges
This was the occasion of our inserting In
our circular to registration officers brief
statement enumerating ALL the disabilities
of voters, under the law of Congress, adding
the following paragraph:
1.-THE Commission is of the opinion that the
above specifications include all the disabilities
to which electors are subject, under the laws
may entertain upon questions of religion OF
church pol1ty should be the subject of inquiry
or exclusion of any elector."
The following specifications include all
the disabilities to which voters in Utah are
subject under the laws of Congress:
No polygamist, bigamist, or any person co.
habitihg with more than one woman, shall be
entitled to register OF vote at any election in
this Territory; nor any person who has been
convicted of the crime of incest, unlawful CO.
habitation, adultery, fornication, bigamy or
polygamy: nor any person who associates or
cohabits polygamousy with persons of the
who has not taken and subscribed the oath pre-.
scribed by the Twenty-fourth Section of the
Act of Congress of March g. 1887; nor can any
woman register or vote.
The converse of the proposition is, that,
(conceding all the local statutory qualifica-
tions, as to age, residence citizenship &c.
every male person is entitled to register and
vote if he is not a bigamist or golygamist
nor cohabiting with more than one woman;
does not associate or cohabit polygama-
mously with persons of the other sex; has
not been coluicted of incest, fornication OF
adultery, and is willing to take and sub
scribe to the oath as prescribed by the
Twenty-fourth Section of the Act of Con-
gress.
AS to those in polygamy, or unlawful CO.
habitation, they are disqualified whether
they have been convicted or not.
The oath is to be subscribed" and there
fore it is to be written or printed affidavit,
and it should contain no more nor less than
that what is provided in the act.
The oath prescribed by Congress Gas to its
material parts) is entirely prOmiSSOry in its
character, having reference to the future,
the affiant swearing not as to what he does
or has done, but what he aCiLL or tCiU not do.
Whether heis willing or not to take the
oath, is a matter addressed to his own con-
science-and is binding only in foro con-
sciertiGe. The duties of the officer in max
ing the registration and administering the
oath are purely ministerial in their character,
and he has no right to inquire into any
mans motives, nor to catechise him
| as to his opinions on matters of
religion, tithes or other church
contributions, or his church membership
1t was evidently the intention of Congress
| to allow all male persons of proper age etc.,
to vote if they are not disqualified by po-
lygamy, etc., provided they are willing to
take the prescribed oath.
An inquisitorial catechism of q metaphys-
ioal character by the registrars, as to
whether the party might some time in the
future change his mind and 90 into polyga-
my, or under certain seductive temptations
might commit fornication or adultery, is in
my opinion not authorized by law. The
same remarks will apply to the registration
officer on proceeding to strike off
names on the registry list. In such
a proceeding he may investigate the
questions whether party is under any of
the disabilities provided by Territorial law
or the Acts of Oongress-these last are: Is
he in fact polygamist? Is he living in
unlaWIui conapitatlon! Is ne assoclatlng
or oohabiting polygamouslY with persons of
the other sex? Has he been convicted of
bigamy, polygamy, unlawful cohabitation,
incest, adultery or fornication? Has he
taken the oath prescribed by the Act of
Congress? This enumeration exhausts ALL
the qualifications provided by Congress
Further than this Except as to local statu-
tory qualifications the registrar cannot go.
The same principle will apply to judges of
al ION NM a oh = he, @oD1
Tbe Law of Conoress gro az tne PotiS
son otherwise eligible to VOTE" shall be ex-
cluded from the polls ION account of any
opinion such person NAV entertain on the